Bishkek
January 14, 1998 # 7

The Law of the Kyrgyz Republic "On Trademarks, Service Marks and Appellations of Places of Origin of Goods"

Section I. General provisions
Section II. Trademark and service mark
Section III. Registration of a trademark
Section IV. Collective mark
Section V. Use of a trademark
Section VI. Transfer of a trademark
Section VII. Termination of a legal protection
Section VIII. Appellation of a place of origin
Section IX. Registration and granting of the right to use appellation of origin
Section X. The use of the appellation of origin
Section XI. Termination of a legal protection of the appellation of the place of origin
Section XII. Final provisions

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Section XII.
FINAL PROVISIONS

Article 39. Fees

In order to conduct legally essential action related to the registration of a trademark, registration and granting of the right to use the appellation of place of origin of goods, the fees shall be levied. The fees shall be paid to Kyrgyzpatent

The list actions, for which the fees are collected, the amounts and terms of payment as well as the basis for release from payment of fees, reduction of their amounts and repayment shall be established by the Government of the Kyrgyz Republic.

The fees shall be paid to Kyrgyzpatent by an applicant, the owner of a trademark and a certificate for the right to use appellation of place of origin of goods or by any other legal entities or natural persons due to the agreement with them.

All the means received on the account of Kyrgyzpatent in the form of fees, including currency, payment for services and materials shall be used by Kyrgyzpatent for technical provision, creation and use of automated system, replenishment of the fund of patent information, training and stimulation of the personnel.

Article 40. Consideration of Disputes Related to Implementation of this Law

Disputes related to the application of this Law shall be considered by courts in the order established by legislation of the Kyrgyz Republic, including disputes which concern:

1) infringement of the exclusive right to a trademark;
2) conclusion and implementation of the licensing agreement and the agreement on assignment of a trademark;
3) illegal use of the appellation of place of origin of goods;
4) non-use of a trademark and appellation of place of origin of goods pursuant to the Article 20 of this Law.

The Appellate Council shall examine disputes related to its jurisdiction in accordance with this Law.

Article 41. Liability for Illegal Use of a Trademark and Appellation of Place of Origin of Goods

The use of a trademark and appellation of place of origin of goods or designation similar to a trademark or appellation of place of origin of goods for the similar goods conflicting with the present Law shall entail civil, administrative or criminal liability in accordance with the legislation of the Kyrgyz Republic.

Protection of the civil rights from illegal use of a trademark shall, along with the demand to discontinue infringement or recover the losses caused, shall be also provided by means of:

publication of the court's decision for the purpose of restoring business reputation of the victim;

removal of illegally used trademark or a designation similar to it to the extent likely to cause confusion from the product or its packing, or destruction of the prepared depiction of a trademark or designation similar to it to the extent likely to cause confusion;

arrest or destruction of the goods in relation to which a trademark was used illegally.

The person producing the warning mark in respect of a trademark or appellation of place of origin of goods not registered in the Kyrgyz Republic shall be liable according to the order stipulated by the legislation of the Kyrgyz Republic.

The person illegally using the registered appellation of place of origin of goods or a designation similar to it, on the demand of the owner of the certificate for the right to use the appellation of place of origin of goods, public organization, state body or the prosecutor, must:

discontinue the use thereof, reimburse the losses caused to all the persons concerned and pay to the income of the local budget the amount of the profit obtained during illegal use of the appellation of place of origin of goods exceeding the losses reimbursed;

publish the decision of the court for the purpose of restoration of the business reputation of the victim;

remove the illegally used appellation of place of origin of goods or designation similar to it to the extent likely to cause confusion from the product or its packing or destroy the prepared depiction of appellation of place of origin of goods or a designation similar to it to the extent likely to cause confusion.

Removal of the trademark and the appellation of the place of origin of goods from the goods or their packing, arrest or destruction of the goods that contain illegally used trademarks shall be carried out with the observation of the right of the owner of such a good to protect his/her rights in the order established by the Law.

Article 42. The Rights of Foreign Legal Entities and Natural Persons

Foreign legal entities and natural persons shall enjoy the rights provided by this Law and other normative legal acts related to the legal protection of trademarks and appellations of place of origin of goods, equally to legal entities and natural persons of the Kyrgyz Republic or on the basis of reciprocity.

Article 43. International Agreements

If an international agreement concluded by he Kyrgyz Republic establishes other rules than those contained in this Law, the rules of the international agreement shall be applied.

Article 44. Enforcement of the Present Law

Implement the Law of the Kyrgyz Republic on trademarks, service marks and appellation of place of origin of goods from the moment of its publication.

The President of the Kyrgyz Republic A. Akaev
Adopted by the Legislative Assembly of the
Jogorku Kenesh of the Kyrgyz Republic January 16, 1997

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